HomeMy WebLinkAbout9. Hearing on Annexation of Certain Lands in Jackson Township
/
CITY OF SHAKOPEE
Memorandum
CASELOG NO.: 03-026
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Public Hearing on Petition of David L. Voxland and Tollefson Development
for the Annexation of Certain Lands in Jackson Township
MEETING DATE: June 17,2003
INTRODUCTION:
The City received petitions dated February 27, 2003 and March 4, 2003 for these 2 parcels, which
totaling 30.47 acres. Copies ofthe petitions are attached for the Council's information. Council is
asked to conduct a public hearing on the petition, and to provide staff direction relative to Council's
decision regarding whether to annex the subject properties.
DISCUSSION:
Orderly Annexation Agreement (OAA):
The agreement between the City and the Township defines the process by which annexation will take
place, but does not set forth specific staging or limitations relative to the pace of annexation.
However, the discussions that led to the OAA centered on concerns that property not be annexed
prematurely, resulting in unnecessary loss oftax base to Jackson Township. In other words, it
seemed to be consensus of the group that negotiated the OAA that properties annexed into the City
should be ripe for development within about 1-2 years. Based on the Council's recent decision on the
previous, but related petition for annexation it seems reasonable to conclude that annexation ofthese
parcels would result in development within a reasonable timeframe as contemplated in arriving at the
OAA.
Jackson Township Comment:
At the time this report was prepared, comment had not been received from the Township regarding
this petition.
Land Use/MUSA:
The petitioners have had discussions with Tollefson Development Company (Tollefson) regarding
the purchase and development of the subject properties. Tollefson, in turn, has shared with the
G:\CC\2003\06-17\annexphTheisvoxland.doc - 1 -
Township, City staff, and County staff a general concept for land uses on the subject property. This
includes substantial areas of high-density and medium-density residential, as well as single-family
and neighborhood commercial.
The City's adopted Land Use Plan identifies this area for single-family density development. This
designation was based on direction received from Council in the course of previous discussions
between the Township and the City. With the assistance of Northwest Associated Consultants
(NAC), the: City is in the process of updating its Comprehensive and Land Use Plans.
At a recent workshop NAC shared some general concepts for this area that would include higher-
density residential uses than are shown in the adopted Land Use Plan. The types ofland uses that are
appropriate for the subject property are in part dictated by the character ofthe roads that abut the
subject property, as well as roads planned to run through the subject site (i.e. 17th Avenue). T.H.169
is, of course, a high-volume principal arterial. Traditional planning principles would suggest a
transitional land use (such as commercial or medium-density residential) immediately adjacent to
such an arterial.
Tollefson would propose the development ofthe subject properties, as well as the area that Council
previously annexed. In total, this would represent the extension of MUS A to properties totaling
about 7% of the City's ten-year allocation of MUS A, or almost a year's allocation. The City has
already annexed more acreage from Jackson Township in 2003 than the staff analysis conducted
earlier this year concluded would be allocated. Council should provide staff with direction on
whether it wishes to consider future limitations on the annexation based on the rate and amount of
MUSA it wishes to allocate.
Should the Council decide that the subject properties should be annexed into the City, that action
does not constitute a guarantee of any particular land use guiding or zoning. Both guiding and zoning
will need to be determined after separate public processes once the property is within the City's
jurisdiction.
Infrastructure:
Roads:
The subject properties are bounded by county roads, i.e. CSAH 79 and 15 (Marystown Road).
Seventeenth Avenue would extend east west through the area. I ih Avenue is currently a 4-lane City
collector street. Long-term intentions on the part of the County have been to have 17th A venue turned
over to the County. There is no agreement currently for the "turn back" of 17th A venue, as it would
run through the subj ect property. The County is currently preparing a corridor study for 17th Avenue.
Among the issues that the study will/will need to address is access spacing.
City staff believes that a needed update ofthe City's Transportation Plan should include an analysis
of future system needs in Jackson Township before too much development occurs in the area.
Council should consider, and provide direction to staff on whether develop limits on annexation
G:\CC\2003\06-17\annexphTheisvoxland.doc - 2-
activity pending the completion of Transportation Plan updates and/or on the basis oflimiting annual
extensions of MUS A until those plans, as well as water planning, are updated.
Sanitary Sewer:
The Chaska Interceptor runs through this area, and has sufficient capacity (which the City has already
paid for) for development ofthe subject properties.
Water:
Water service needs to be extended to the subject properties from existing development to the east.
The time line for extending and looping this service are issues that need to be specifically addressed
with the Shakopee Public Utilities Commission.
Storm Sewer:
Surface water drainage systems are not established for this area ofthe township, and would need to be
resolved as a part of any future development ofthe subject property. As with the Transportation
Plan, Bruce Loney, the Public Works Director, and I agree that it is important to update the City's
Storm Water Plan to include Jackson Township before too much development takes place in this
area. The Council should discuss whether it wishes to direct staff to develop limits on annexation
activity pending the completion of Transportation Plan and Storm Water Management Plan updates
and/or on the basis oflimiting annual extensions of MUS A.
ALTERNATIVES:
1. Close the public hearing, and direct staff to prepare an ordinance annexing the subject properties
for consideration at the July 1, 2003 meeting.
2. Close the public hearing and direct staffto prepare a resolution denying the petition for
annexation based on specific findings of fact for consideration at the January 21,2003 meeting.
3. Close the public hearing, but table the request for additional information.
4. Continue the public hearing to July 1, 2003 or July 15, 2003 for additional information.
PLANNING COMMISSION REVIEW:
In connection with the previous, related annexation ofthe Theis, Baur, and Shakopee Training
Farm properties, as well as a PUD concept plan review conducted on May 8, 2003 has reviewed
the proposed land uses. At that time concerns were expressed about a number of elements
including the type and density of development, the amount and type of park and open space areas,
and trail and walk connections.
ACTION REQUESTED:
G:\CC\2003\06-17\annexphTheisvoxland.doc - 3 -
Offer a motion consistent with the Council's wishes relative to the instant petition.
The Council should also provide direction to staff to develop limits on annexation activity pending
the completion of Transportation Plan and Storm Water Management Plan updates and/or on the
basis oflimiting annual extensions of MUS A.
,~d:~~-?
R. Michael Leek
Community Development Director
G:\CC\2003\06-17\annexphTheisvoxland.doc - 4-
-
--
"
I'
I
i
8TH 169
:i!I~/ -
. : I
.... ...
.
. i
~ I
~
.
1 .
~
.
...........
.
.
.
; .
-.i!~
.......il[ .
.m ......j.;..... '" .... ........ ...........:...... ... .
i [ .... r.......i~~.....~-i
. .
. . .' i
'. ..............{ i -:' i
I ......................r! ; .......1 r
I ..... .............j ............J I ..... I
i
N
~ W+E
SHAKOPEE
COMMUNlIYPRJDESlNCE 1857
Annexation of Property from Jackson s
Township to City of Shakopee
,.
"
_ Subject Property
....,. Municipal Boundary
....... ....
............ Jackson Township Parcels
CJ Zoning Boundary
o Parcel Boundary
..- ~ .,
In the Matter of the Petition of
David L. V oxland PETITION
for Annexation Pursuant
to Minnesota Statutes, Section 414.0325
Petitioner, as and for its Petition to the City of Shakopee, a Minnesota municipal
corporation, hereby states as follows:
1. That the real property which is the subject ofthis Petition is situated in the County of
Scott, State of Minnesota, and legally described on Exhibit A attached hereto.
2. That Petitioner is the fee owner of the real property described in paragraph 1 hereof.
3. That the real property described in paragraph 1 hereof presently lies within the
boundaries of Jackson Township and abuts the boundaries of the City of Shako pee, a Minnesota
lUlmicipal corporation.
4. That the real property set out in paragraph 1 hereof is subject to the terms of a Joint
Resolution for Orderly Annexation between the Town of Jackson and the City of Shako pee, a
true and correct copy of which is attached hereto as Exhibit B.
5. That the Joint Resolution satisfies the requirements ofMimlesota Statutes S414.035.
That neither the Town of Jackson nor the City of Shakopee provide electric utility service;
therefore the provisions of Minnesota Statutes g414.0325, Subd. l(a) do not apply.
6. That the intended use ofthe real property described in paragraph 1 hereofis for single-
family and multi-family residences which require the provision of municipal services, including
but not limited to, sewer, water and utilities.
" .
WHEREFORE, Petitioner prays for a Resolution of the City of Shakopee approving the
annexation by the City of Shakopee, a Minnesota municipal corporation of the real property
described on Exhibit A attached hereto.
PETITIONER:
A~~/:/ /~?p1
David L. V oxland
Dated this ~17 day of February, 2003
- VOXLAND PROPERTY DESCRIPTION
Property Description
That part of the Southwest Quarter of the Northwest Quarter of Section 13, Township 115,
Range 23, Scott County, Minnesota, described as follows:
Beginning at a point in the west line of said Northwest Quarter 130.82 feet north of the
southwest comer thereof; thence North 0 degrees 00 minutes 00 seconds East, assumed basis for
bearings, along said west line, 326.50 feet; thence North 90 degrees 00 minutes 00 seconds East
1335.85 feet to the east line of said Southwest Quarter of the Northwest Quarter, thence South 0
degrees 35 minutes 36 seconds West, along said east line 326.52 feet; thence South 90 degrees
00 minutes 00 seconds West 1332.46 feet to the point of beginning.
EfM'/)/1- A
tn the Matter of the Petition of
Tollefson Development, Inc., a
Minnesota corporation PETITION
for Annexation pursuant
to Minnesota Statutes. Section 414.033
Petitioner, as and for its Petition tdthe City of Shakopee. a Minncsota municipal
corporatioh. hereby states as follows:
L That the realpropertywhichis the s\1bjcct ofthis Petition is situated in theCout1ty of
Scott, State of Minnesota, and legally described.opExhibit A a.ttached heteto.
2; That Petitioner is the fee ownctofthe real property described in paragraph 1 hereof.
Thatthereal property de.~cribedin pata~t'aph 1 hereof presently lies within the
boundaries of Jackson Township and abuts th.et)()und.mes ofthe City of Shakopee, a Minnesota
munictpal corporation.
4.. That the real property set out in paragraph 1 hereof is subject to the tenns of a Joint
Resolution fot OtderlyArinexatioi1 between the Town of Jackson and the City of Shakopec. a
tI1l9at1dcorrect copy ofwhieh is attached hereto as Exhibit B.
5. That the Joint Resolution satisfies the requirements of Minnesota Statutes S41 A..03 5.
That neither the Town of Jackson nor the City of Shako pee provide electric utility servlce;
therefore the provisions of Minnesota Statutes 9414.0325, Subd. l(a) do not apply.
6. That the intended use of the real property described in paragraph 1 hereofis for single-
famIly and multi-family residences which require the provision ofmunlcipal services. including
but not limited to. sewer. water and utilities.
WHEREFORE. Petitioner prays for a Resolution of the City of Shakopcc approving the
annexation by the City of Shakopee, a Minnesota munictpal corporation of the real property
described on Exhibit A attached hereto.
PETITIONER:
TOLLEFSON DEVELOPMENT, me.
Datedil1.iso/"""'day of March. 2003 ~C~t~%1
Exhibit A
Tollefson Property (purchased from School District)
PID: 69130020
Area Parcel A (school property survey): 20.73 Acres
Parcel A
That part of the Southwest Quarter of the Northeast Quarter of Section 13, Township 115, Range
23, Scott County, Minnesota, together with that part of the North Half oftb.eSoutheast Quarter
of the Northeast Quarter of said Section 13, which lies northerly of the followin.g described line:
Beginning at the northeast comer of said North Half of the Southeast Quarter of the Northeast
Quarter; thence westerly to a point on the westJine of said Southwest Quarter of the Northeast
Quarter distant 175.81 feet south of the northwest comer of said Southwest Quarter of the
Northeast Quarter and said line there terminating...
Except that part thereof contained within Minnesota Department of Transportation Rlght-of- W ay
Plat No. 70-20 as on file and of record in the office of the County Recorder.
AND
Together with that part of the Northeast 'Quarter of the Northeast Quarter of said Section 13
which lies southerly of the following described line;
Commencing at the northeast comer of said Northeast Quarter of the Northeast Quarter; thence
along the east line thereof, South 02 degrees 07 minutes 07 seconds Ea.st, assumed basis of
bearings, a distance of 755.00 feet to the point of beginning of the line to be described; thence
South 87 degrees 52 minutes 53 seconds West 1348.00 feet to a point on the west line of said
Northeast Quarter of the Northeast Quarter, distant thereon 906.50 feet southerly of the
northwest comer thereof, and there terminating;
Except that part thereof contained within Minnesota Department of Transportation Right-of-Way
Plat No. 70-20 as on file and of record in the office of the County Recorder.
--- --- ---.... I . c..,J.L." U.J
..
.'
, , .-
JOINT RESOLUTION FOR ORDERLY ANNEXATION BETVVEEN
THE TOWN OF JACKSON & THE CITY OF SHAKOPEE
WHEREAS, the City of Shakopee (hereinafter referred to as the "City") and the Township of
Jackson (hereinafter referred to as the "Township"), both located entirely within Scott County in
the State of Minnesota, desire to accommodate growth in the most orderly fashion, and have
agreed that there is a clear need for cooperative future planning for the land governed by the
two jurisdictions; and
WHEREAS, the City of Shakopee and the Township of Jackson have established a committee
to develop a joint orderly annexation agreement which has extensively discussed, studied, and
evaluated, pertinent issues regarding annex.ation and planning; and
WHEREAS, the Township Board and City Council have expressed their desire to encourage
future development of land near the City so as to promote the development of municipal
services and urban growth as much as is practical, while encouraging the retention of land in
agricultural use and increasing the longevity of existing rural residential lifestyles; and
WHEREAS, the City of Shakopee and the Township of Jackson are independent local
governing authorities who represent the interests of the geographic areas and their constituents;
and
WHEREAS, it is desired and expressly understood that decisions of said governing authorities,
irrespective of an agreement on a process for orderly annexation, will continue to be made by
each respective authority; and
WHEREAS, a joint orderly annexation agreement is beneficial to both parties from the
standpoint of orderly planning and orderly transition of government within the area proposed to
be annexed, and provides the guidelines under which such annexation shall take place.
NOW, THEREFORE, BE IT RESOLVED, In consideration of the mutual terms and conditions
that follow, the City and Township enter into this Joint Resolution far Orderly Annexation and
that the property herein described may be annexed in the future by the City, and at the time
annexation is proposed, it shall occur, or may be applied for, subject to the following terms and
conditions:
Section J - Administration
1. Minnesota MuniCipal Board Jurisdiction. Upon approval by the Township Board and the
City Council, this Joint Resolution shall confer jurisdiction upon the Minnesota Municipal
Board, Dr its designated successor (hereinafter referred to as the "Municipal Board") so
as to accomplish said orderly annexations in accordar\cs with the terms of this Joint .
Resolution, This function is currently the responsibility the Office of Strategic and Long
Range Planning, Municipal Boundary Adjustments.
2. Review and Comment by the Municipal Board. The Township and City mutually agree
and state that this Joint Resolution and Agreement sets forth a!l the conditions for
7/2:2.12002 ~15- Page 1 of 9
/
. -- -- ---- - - --
annexation and that no consideration by the Municipal Board is necessary for individual
annexations which occur in accordance with this agreement. The Board may review and
comment, but shall, within thirty (30) days, order the annexation in accordance with the
terms of this Joint Resolution.
3. No Alteration of Boundaries. The Township and City mutually agree and state that no
alterations by the Municipal Board of the stated boundaries of the area designated for
orderly annexation is appropriate,
4. Authorization. The applicable legislative bodies of the Township and City, as well as the
Executive Director of the Municipal Board, are hereby authorized to carry the terms of .
this Joint Resolution into effect.
5. Severabilitv and Repealer. A determination that a provision of this Joint Resolution is
unlaWful or unenforceable shall not effect the validity or enforceability of the other
provisions herein.
6. Geographic Limitation for Annexation. All ofthe land in the Township is subject to
orderly annexation in accordance with this agreement under and pursuant to State
Statute, subject to the provisions contained herein.
7. State statute. The terms and conditions of this agreement are created as an addition or
complementto therequirementsforannexation required by law. The language
contained herein shall in no way be deemed to circumvent or reduce requirements
established by law. If changes to State statute are enacted during the duration of this
agreement that are more restrictive or otherwise negate the provisions herein, the state
Statute shall rule.
8. Effective Date/Applicability. This Joint Resolution shall be effective upon adoption by the
legislative bodies of the Township and City and acceptance by the Municipal Board.
This agreement shall be applicable for any annexation petition filed or initiated while the
agreement is in effect. Should this agreement be terminated following the filing of a
pqpetitionfor annexation, but prior tofinal action.on that annexation by the City, the
provisions of this agreement shall be binding unless otherwise modified by a joint
resolution of both the Township and the City.
9. Annexation by Ordinance. Annexation shall be accomplished according to the terms of
this Joint Resolution and Minn. stat. $ 414.033, subd. 2. .'i. /,/ "c,;;;;/ '/.... >i"J'/.> :' "1
/ ..~., .r ~~':- ~,
10. Duration of Aoreement. This Agreement shall be in force and binding from the effective
date as identified herein, and shaH continue to remain in effect until the Township and
City replace or renew this Agreement with an amended joint agreement and resolution
for orderlY,annexation.
11. Mediation/Arbitration. If a dispute of the terms or conditions of this agreement arises,
the Town and City hereby agree to enter into mediation to attempt to resolve this
dispute. Mediation services shall be provided by a state agency or other third party
representative agreed to by both the Township and the City. If mediation is
unsuccessful, the Township and City hereby agree to enter into binding arbitration to
resolve disputes under this agreement. Mediation and arbitration shall be conducted in
accordance with state statutes.
7/22/2002 Pagll20r9
-- -- - - - .-. . ~ -- --
. ""-J-" _~ ____
12. AmendmeQt an"d Pre-mature Termination. Both parties reserve the right to initiate an
amendment or revision to this Agreement at any time. However. once in effect, any
amendment "or revision to this Agreement shall require a joint resolution approved by
both the Township and the City, as well as acceptance by the Municipal Board. Both
parties reserve the right to initiate the pre-mature termination of this Agreement.
However, termination of this Agreement shall require a joint resolution approved by both
the Township and the City. This Agreement shall telTl1inate immediately upon approval
of both legislative bodies and acceptance by the Municipal Board.
13. Planninqand Land Use Contra I Authority. The Township and City mutually agree and
state that a Joint Board, which shall be known as the Jackson/Shakopee Joint Orderly
Annexation Soard, will be established between the Township, City. and Scott County
pursuant to Minn. Stat. S 414,0325 concurrently with this Agreement. Upon the
Municipal Board's Order for Annexation, the land use and planning authority of the
annexed territory shall rest with the City.
14. Citv Development Standards. The Township and City mutually agree and state that there
is an inherent financial benefit to utilize City development standards within orderly
annexation areas that will readily allow forthe future extension of public utilities.
Furthermore, the Township and the City agree to work with Scott County government to
create) support, and develop standards that minimize the amount of infrastructure;. and
potential assessment costs, associated with annexation. .
15. Joint Notification, Upon receiving or initiating a Petition for annexation, the City shall
send a copy of the petition, resolution, proposed plans, and other relevant information to
the Township. This provision shall be considered in concert with, and not necessarlJy in
addition to, any required or eXisting notification procedure maintained by the City or
required by State Statute.
16. Joint Plannino Meetinqs. The Township and City mutually agree and state that they will
conduct a minimum of two (2) joint planning meetings in each calendar year. . The
purpose of these meetings is for general communication, specifically,todiscuss
potential amendments to this Agreement. to discuss specific development proposals or
annexation petitions, obtain feedback on planning studies/capital improvement projects,
or any other related topics. Times for meetings shall be determined jointly by the
Township and City. To initiate a meeting, the/egislative body of either the Township or
City shall direct a written request to the legislative body of the other party. At a
minimum, one elected official of each legislative body shall be required to attend the
meeting,
Section fI" Initiation of Annexation, Petition
1. Requirements of Section. In addition to any requirements identified by state statute, all
petitions for annexation, or initiation of annexation, shall occur in accordance with the
proviSions identified by this section. Where state statute allows for a petition to be filed
or initiated not in conformance with this section of the Agreement, the legislative body of
the City hereby agrees that favorable action will not occur on said petition without the
prior or concurrent amendment of this Agreement in accordance with the provisions
identified herein.
7/22/'2002 Page 3 of 9
I L-U ....L-' t:..t:...lI:.,J.....,I .L.'-'......~
2. Property Owner Initiated Adjacency Reouirements The following standards shall be
used to determine adjacency when a property owner, or combination of multiple property
owners with contiguous property. initiates annexation of property: A property, or
combination of contiguous properties, shall be considered adjacent to the City when fifty
(50) linear feet or more of the subject annexation area boundary is shared with the
boundary of the City.
3. City Initiated Annexation Adiacency Reouirements The following standards shall be
used to determine adjacency when the City initiates annexation of property:
a) Undeveloped property - Fifty (50). percent contiguous shall be defined as at least
fifty (50) percent of the boundary of the subject property, or combination of
contiguous properties, isadjacentto the City and/or Township limits.
b) Developed property - Completely surrounded shall be defined as one hundred
(100) percent of the boundary of the subject property, or combination of
contiguous properties, is adjacent to the City and/or Township limits.
c) Township Limit - Forthepurposes ofthis document, the Township limit shall be
defined as those portions ofthsouter boundary of the Township, not adjacent to
-the City,adjacentto otherTownships,orjurisdictional boundaries;
4. Property Owner Petition. Any landowner, or combination of multiple landowners, with
property adjacent to the municipal boundary of the City, may petition the City to annex
their property in accordance with this Agreement
5. Subdivision Definition. For the purposes of this agreement, a subdivision is defined as
one or more lots platted through the provisions identified within the Scott County
Subdivision Control Ordinance, as from time totime amended. For those lots that pre-
date the Subdivision ContraLOrdinance, a subdivision shall be considered one or more
parcels of land established by lot a-nd block number descriptions rather than a metes and
bounds property. description.,
6. Existinq Subdivision Petition. A simple majority of land ownsiS within a subdivisioh
based on the total number oOots. when the subdivision boundary is contiguous to the
municipal boundary of the City. may petition the City to annex the entire subdivision in
accordance with this agreement In addition, residential developments piattedunder the
Urban Expansion Reserve provisions of the County Zoning Ordinance may be petitioned
in their entirety by the owner, or owners, of a simple majority of the total property of the
SUbdivision. including the outlot(s) reserved for future development. A petition to annex
a residential subdivision which developed under the Urban Expansion Reserve Zoning
provisions of the County Zoning Ordinance may not be considered valld unless it
includes all the gross property of the subdivision, including developed/platted lots,
outlot(s), and any public or commonly owned property as applicable. Any existing
subdivision petitioning for annexation in accordance with this provision shall be
considered a petition of all the representative property owners for the purpose of this
agreement. The separate provisions identified when the City initiates annexation shall
not apply.
712212002 Page <1 of 9
r-t::.l:l-..l'::>-<::'~I!J...J J.U...J''''t -...,. - --- - -- . . -- --
7. Initiation of Annexation bv City for Undeveloped Property. The City may at anytime,
without a petition of the property owners, annex undeveloped property, or multiple
properties, within the Township which are at least fifty (50) percent surrounded by the
municipal boundary of the City, based on the perimeter of the entire area to be annexed.
For the purposes of this Agreement, whether Dr not a property is developed shall be
determined at the time of initiation of the annexation, based on existing conditions or
approved and recorded plans, whichever is more restrictive. A property shalf be
considered developed if it meets one of the following criteria:
a) Residential subdivisions/lots with a gross density greater than one (1) dwelling
unit for every five (5) acres of land based on either the number of dwelling units
or lots, whichever is greater. Residential developments platted under the Urban
ExpanSion Reserve Zoning provisions of the County Zoning Ordinance shall
. include the outlot{s) reserved for future development as part of the calculation of
gross density, where applicable.
b) Non-residential development with 1,000 square feet of principal and/or accessory
building coverage per acre or greater.
For the purposes of this Agreement, a dwel!ingunit shall be defined as a residential
building or portion thereof intended for occupancy by one (1) or more persons with
....., ... facUlties for living, sleeping; cooking,eatrng, and restrooms. Motels,hotels, rooming
hOUses, nursing homes, manufactured home parks, c::ampgrounds, and similar
facilities shall be considered commercial and not residential. Tents, seasonal cabins,
motor homes, travel trailers, and other similar temporary or moveable facilities shall
notbe considered a dwelling unit.
Land which is tax exempt, publicly owned, utilized for utiHty or transportation
purposes, or other similar property shall be considered undeveloped.
8. Initiation of Annexation by Citvfor Developed Property. The City may at anytime,
without a petition of the property owners, annex developed property or multiple adjacent
properties within the Township completely surrounded by the municipal boundary of the
City, subject to the following additional conditions:
a) Ceriified Notice of /nfent to Annex- The City shall prOVide a minimum of one (1)
year notice by certified mail to each property owner within a developed area prior
to initiating annexation. This certified notice shall also be sent to the Township.
This notIce shall be considered additional to any requirements establisheduby
state statute. The notice shall include the following information:
1. ImfJrovements - all proposed improvements with an estimated installation
date and approximate assessment cost (if applicable).
2. Benefits - the major proposed services/benefits that are planned to occur
simultaneously with annexation. Benefits suitable for nofification sha11 be
at the discretion of the City, but are intended to include, but not be limited
to, police and fire services, street maintenance, and park system benefits.
3. Tax Rates - the existing City tax rate compared to the existing Township
tax rate. The notice shall also include the estimated date when the new
7/221Z002 Page 5 ofS
I l-.1-J .J.-.J L-r....>..........
~.. ,
tax rate would take effect and first be payable to the City, Although an
individual analysis Qf each property is not required, at least one
representative example shaH be provided that illustrates a typical before
and after effect between City and Township taxes identified in dollars per
year. The purpose of this provision is to provide general information to
property owners within a proposed annexation area.
.4. Time/ine far Annexation - the anticipated schedule for future notice.
public hearing dates, and the ultimate effective date of annexation.
Although individual dates and times need not be identlfied. the purpose of
this provision is to make residents aware of the general chronology of
annexation in accordance with statute and the provisions of this
Agreement.
b) Public Meeting Required - The City shall conduct a public informational meeting
on the proposed annexation plans within ninety (90) days of the certified notice.
The date, time, location, and purpose of this meeting s/1all be identified as part of
the certified notice of annexation. The purpose of this meeting is to provide
general information to the public and solicit public input on required infrastruoture
i mprov6m ents.
c) Effective Date of Annexation = City approval of the Resoluti6rifaYariliexatibh.
shall not be submitted to the Municip?1 Board earlier than one (1) year from the
date of approval of the Resolution. The effective date of annexation shall be the
date of Municipal Board approval.
d) Assessment Period - The pay back time on assessments for improvements
associated wrth annexation shall be for a period not to exceed ten (10) years.
Individual property owners may request the City to consider increasing the
payback time on assessments to a maximum period of twenty (20) years,
however, the consideration shall be guided as follows:
1. Propertv Owner lnltlafedknnexation ..;; Approval of any requested-
extension is solely in the discretion of the City.
2. Citv Initiated Annexation.:..: AltholJg h the City has the right to review and
approve assessment paybacktimes, the burden shall be ontheCity to
identify valid reasons why an assessment should not be extended at the
request of an individual property owner. To be considered valid,
assessment e)''1enslon requests shall be made prior toar as part of the-
hearing process required for annexation. Any dispute to this provision
shall be governed by the Mediation/Arbitration provision of this
agreement.
e) Public Water and Sewer Service - To reduce pre-mature assessment costs to
developed property, public water and sanitary sewer need only be provided to
developed areas where there is either an existing or eminent health concern
identified by the City, or where the extension of services is part of the
implementation of the City's long range utility plans. At any time, property
owners may also petition the City for the extension of services. At that time, the
City shall prepare a plan/concept outlining how, when, and at what cost services
7/2212002 Page 6 of 9
I L-U ........., ,-t:....Ir;...o_ ...'-' -. - -- --- . - -. --
might be provided. The" City shall allow for input on the prepared plan/concept
prior to proceeding with implementing the request and assessing the cost to
individual property owners. The intent of this provision is to allow property
owners to evaluate the cost/benefit of ser,tices where other health concerns or
the implementation of long range plans does not exist.
f} Township Requested Improvements - The Township, on behalf of the proposed
annexation area, may request that specific improvements be installed to address
a specific problem and/or deficiency. To be considered by the City, the Township
shall notify the City of any requested improvements prior to or as part of the first
. public hearing, as re(1uired by state statute. Any request made after that time
shall not have standing and may be considered solely at the discretion of the
City. If n08greement can be reachedregarding the nsedfor the requested
improvements within the annexation area, the annexation may not proceed until
the disputed installation of improvements is resolved in accQrdance with the
" Mediation/Arbltration portion of this Agreement.
Section III-Municipal Reimbursement
1; . Municipal Reimbursement It is generally recognized that the fiscal planning for any
government entity occurs inthe cafendaryearprior to the actual expenditures; .
Whereas, the annexation of property could pose a hardship on the Township having
planned for a certain income that is llo.longer available upon.annexation. To address
this potentia! hardship, the Township and City mutually agrs8 and state that, pursuant to
state statute, a reimbursement from the City to the Township shall occur for the taxes
collected on land annexed into the City. Reimbursement shall occur as identified herein.
Any and all of the applicable property taxes collected in the area designated for Orderly
Annexation shall remain the property of the Township. Excepting required
reimbursement, upon annexation, any and all property taxes collected from the annexed
properties shall be the property of the City. Reimbursement from the City to the
Township shall occur as follows:
a) Rate/Amount - The City shall reimburse the Township by substantially equal
cash payments for a period of (2) years. The amount of the reimbursement shall
_be based on the assessed value of the annexed property asaf January 20f the
year the parcel is annexed. The year the property is annexed shall be
determined by the date of Municipal Board approval.
b) Reimbursement Schedule.....,_TheCityshall reimburse_the Township with the
amount of funds as determined herein. Cash installment payments to the
Township shall be made to the Township sixty (60) days from the date the semi-
annual tax settlement is received by the City for the proportional amount of taxes
that would have been due the Township without annexation. Installment
payments shaH be made until the required amount of funds is paid in full. The
City may at any time choose to reimburse the Township in full and forego all or
the remainder of installment payments.
2. Tax Exempt Property. Where a property is annexed that Is publicly owned or is currently
exempt from local property taxes, the exemption shall be maintained and no
rermbursement shall be required from the City to the Township.
7/22/2002 Page 7 01 9
t '--~ ......- ---- -- --
.'. .
3. Bonded Imorovements. The Township may bond for capital expenditures In accordance
with applicable state statutes. However, the Township shall be solely responsible for
bearing the costs associated with paying back the bond unless a previous agreement is
reached between the Township and the City,
Section IV - Miscellaneous Conditions.
1. Annual Area Limits. Within any given calendar year, the City shaH be limited to a
maximum area it may annex without property owner petitions. The City shall be limited
toa maximumCity,..inltiated annexation arsa of two hundred and fifty (250) acres per
calendar year of developed and undeveloped property combined. For the purposes of ..
this agreement, publicly owned property, or property currently exempt from local
,property taxes, shall not apply or count toward the maximum area limitation.
2. TownshiQReouested Annexation. Over time, it is likely that pockets or islands of the
Townshipwill be created due to annexation. At which time, the Township may
determine that it is either a financial burden or undesirable to provide service to specific
. properties. . To alleviate the effects of continual annexation and the. creatfon of pockets
and islands, the Township may at anytime require the City toanhex properties thatare
. .... . completelysurrOGhOedbytheCity, as defined within this Agreement:. Ahriexation .
requested by the Township is subject toths following:
a} The Township shall notify the City of this request by certified mail identifying aU
properties requested to be annexed.
b) The City shall have a period of one (1) year from the dateaf notification to initiate
the annexation of the properties associated with the request.
c) No reimbursement shall be required from the City to the Township for Township
requested annexation of property.
d) There shall be no size Of area limitation placed on Township requested
annexation initiated by the City.
3. Exeml2tion for Court Ordered Extension of Services. The Township and City recognize
that a situation may come to exist that ajudicial decision may be made thatn:;quires the
City to extend water, sewer, or other municipal service to a portion of the Township. If a
legally binding court order exists with no possibility of further disruption on appeal, and.
the contract for the extension of services has been completed, the annexation of that
property may be initiated by the City in accordance with the Township requested
annexation provisions of this Agreement in the preceding section, rather than the more
stringent City initiated provisions. In cases where the order is relative to only a portion of
a residential subdivision, the annexation may include the entire subdivision to facilitate
the extension of sel\lices, at the discretion of the City.
4. Road Maintenance. If land is annexed into the City whereby ownership extends to the
centerline of a Township road, the City shall assume maintenance af said road.
7/2212002 Page 8 of 51
I .. c,J:l- aL. -.I C-I"jt"-J-.J .~---
. 'j
JACKSON TOWNSHIP
Approved this 1,D.~ay of 9'd.y ,20 &1\.
By; $~~~~~ Attested to; ;;,~ ~
Norbert Theis. Chafr Rose Menke, Clerk
Jackson Township
Dated: M J~~p. Dated: J(~..~;t
^. .,
Approved as to Form:
.
CITY OF SHl~,KOPEE
Approved this jtl..... &~r1 ' 20.Q..:1... by thE? City of Shakopee.
- day of
~m::
By: Attested to: ~lJ'IkCJ04
William P.Mars,ro1aYorc Mark McNeill, City Administrator
City of Shakopee.
Dated; ~- ? -0). . <ill I~L
~
By: -
Dated: S -~ -0 ;s. Dated: ~ .. 7 -0 ~
7122/2002 Page 9 of 9
TnTClI P Vlq